South Dakota Governor Kristi Noem says she will sue the Biden administration if they cut federal funding to states that don’t allow biological males to compete in girls sports.

Last month, the United States Department of Agriculture (USDA) said they will be interpreting Title IX funding “to include discrimination based on sexual orientation and gender identity.”

This means that schools would potentially be at risk of losing federal funding for free-and-reduced price meals for kids if they do not allow boys to play on girls teams. The National School Lunch Program (NSLP) feeds more than 29 million children in the United States each day.

“USDA is committed to administering all its programs with equity and fairness, and serving those in need with the highest dignity. A key step in advancing these principles is rooting out discrimination in any form—including discrimination based on sexual orientation and gender identity,” said Secretary of Agriculture Tom Vilsack in a statement.

In February, Governor Noem passed a law requiring students to participate in sports based on their sex at birth.

“President Biden is holding lunch money for poor Americans hostage in pursuit of his radical agenda,” Noem said in a statement.

“He is insisting that we allow biological males to compete in girls’ sports or else lose funding for SNAP and school lunch programs,” Noem’s statement continued. “South Dakota will continue to defend basic fairness so that our girls can compete and achieve. I would remind President Biden that we have defeated him in litigation before and are ready to do so again. Mr. President, we’ll see you in court.”

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